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HomeMy WebLinkAbout1973-05-29 Ordinance• • -2674 ORDINANCE NO. 73 ... - ANORDINANCE.AMENDING --ZONING ORDINANCE-2238 BY LHANGING-THE USE REGULATIONS'OF`CERTAIN -PROPERTY FROM. RIB-TO R2 ZONE BE IT ORDAINED BY THE CITY COUNCIL OE,THE CITY-OF. IOWA CITY, IOWA: - Section 1... The .property describedbelow -is hereby reclassified-from its present classification of RIB 2 and the boundaries of to R2- 2as'indicated as indicatedupon the Zoning Map of the City of. Iowa City, ;Iowa, shall be enlarged to include the following property, to-wit:. - Lot 3, except the Easterly 53 1/3 feet in width and -all of Lot 4 in Block 39 in East Iowa City„ Iowa, according to the recorded' plat thereof. -- Commencing at a point on the northerly line of Friendship Street 446-.0 feet-southeasterly, from the rsouthwest .corner of Lot Nine-(9) - in Block-Thirty-nine (39),-East-Iowa-City, Johnson County, Iowa, - -according to the recorded plat thereof,: thence northeasterly parallel with the-east-line of`Farden Street 136`feet to the point of beginning, thence continuing northeasterly parallel with the - east line of Garden `Street _77.4 feet to_the--southerly line of the public alley, thence.northwesterly along the southerly line of the public alley 121.3 feet, thence southwesterly parallel with the _ east line_of_Garden_Street 94.8 feet, thence southeasterly to the point of beginning, subject_ to an easement for; electrical and telephone' service lines over the westerly 10 feet thereof. " Also an easement for gas 'and-water lines over the-following ` described-real-estate, to-wit: Commencing at a;point;on the northerly line of Friendship Street 446 0`feet southeasterly from -the southwest corner of Lot Nine (9) in Block Thirty-nine (39), - East Iowa City, Johnson County, Iowa, according to the recorded" plat thereof, thence northeasterly parallel with.the,;east_line`of - ---.-Garden -Street 213.4.:.feet--to:_..the.. southerly.`line of. the public alley, thence northwesterly along the'southerly`-line of;the public - alley 121.3 feet, 'thence southwd-sterly pirall:&IlwithFthd�iA:,t_^line of Garden Street 94`.8 feet to the point of beginning; thence con- tinuing southwesterly parallel with the east 1ine.of!Gaiden Street - 136 feet to the northerly line of-Friendship Street, thence southeasterly along the southerly :.line off Friendship Street 16 feet, thence northeasterly; parallel with the east Line of Garden Street 136 feet,` thence northwesterly to the point of beginning.. (Bethany.Baptist Church) Section22. The building inspector is hereby authorized and directed to- change the Zoning Map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage; approval and publication of'_;this -Ordinance - as provided by `law. Section 3. The City Clerk is hereby authorized and directed to certify' - a'copy of this Ordinance to the County RecorderofJohnson County, ,Iowa, ----upon--final. passage, approval and -_publication--as-provided by -law. It was moved by Hirkprsnn and 'seconded by onn that the Ordinance be adopted and upon roll call there were: AYES: _ NAYS: ABSENT: Brandt x Connell a_ x Czarnecki x Hickerson x White x Passed and approved this 29 day of May 19 73.' Mayor First Reading 67-15--73--1`0- - Second To - eadinng:5-�a- -7 ATTEST: .C.tc� ,cam Third Reading �=-.�q- 94' ,��G�`/� 7.n. City _Clerk- L� - AME,IDM&iT TO PETITI01+ FOR REZOr.Ii+G TO: The MayorandMembers of the City Council ,of Iowa City, Iowa The undersigned, Bethany Baptist Church of Iowa City, Iowa and Eureka Lodge -#44 Independent Order of Odd Fellows of Iowa - City, Iowa wish to amend -their petition for the rezoning of the property at 1839 B Street, Iowa City, Iowa, from its present classification of R—'_B to R2 by stating that in the event said re— zoning is approved both of said organizations hereby agree that deed - transferring the property from the Bethany Baptist Church to the Odd Fellows will contain a provision to the effect that said property will not be used for purposes other than for Lodge or Church purposes for a period of ter years from and after the date of said deed. This amendment to said petition is made for the purpose of assuring the Members of thekCity Council and all other persons interested that there will -be nointention or right to use said property for any other purpose except Lodge or Church purposes. - Respectfully submitted, BETHANY BAPTIST CHURCH EUREKA -LODGE 7r44 IYDEPEiuDEwT Iowa City, Iowa ORDER OF ODD FELLOWS OEHLER jRADIG & HOY / I BY: +\ BY: Edward Eugene Radig- ate 300 Saiings & Loan Bldg. Iowa Iowa State Iow Bank Bldg. Iowa City, Iowa 52240 Iowa City, Iowa 52240 Attorneys for Bethany Attorney For said Lodge - Baptist Church AMENDMEAT-TO PETITIO" FOR REZOl:ii+G TO: The Mayor aj=d Members of the City Council of Iowa City, Iowa The undersigned, Bethapy Baptist Church of Iowa City, Iowa and Eureka Lodge #44 Independent _Order of Odd Fellows of Iowa City, Iowa wish to amend their petition for the rezoning of, the property at 1839 B Street, Iowa City,_.Iowa, frpm its present classification of R --1B to P.2 by stating that in the event said re— zoning is approved both of said organisations hereby agree -that deed transferring the prgpert,y from the Bethany Baptist Church to the Odd Fellows will contain a provision tothe effect that said property will not be used for purposes other than for Lodge or Church purposes for a period of ten years_,from and after the date of said deed. This ;amendment to said petition is made for -the purpose of assuring the Members of the City, Council and all other persons interested that there will be no intention or right to use said property for any other purpose except Lodge or Church purposes. _ Respectfully submitted, BETHALY BAPTIST CHURCH EUREKA LODGE 'A4 VIDEPEi+D&AT Iowa City, Iowa -:ORDER OF- ODD `FELLOWS OEHLER; RADIG & HOY BY: , J BY: Eugenet Ha@yg rear e 300-Savi gs & Loan Bldg. _ 315 Iowa Stat* Ba+;k Bldg. Iowa City, Iowa 52240 Iowa City, Iowa 52240 Attorneys for Bethany Attorneyfor said Lodge Baptist Church _ LEGAL DESCRIPTION OF BETHANY BAPTIST CHURCH PROPER7.'Y AT 1839 B STREET, IOWA CITY, IOWA, 52240 Lot 3, except the Easterly 53 1/3 'feet in width and all of Lot 4 in Block 39 in East Iowa City, Iowa, according to the recorded plat thereof. Commencing at a point on the northerly line -of -Friendship Street 446.0 feet southeasterly from the southwest corner of Lot Nine (9) in Block Thirty-nine (39), East Iowa City, Johnson County, Iowa, according to the recorded plat thereof; thence northeasterly -parallel with the east line of GardenStreet136 feet to the point of ,beginning, thence continuing northeasterly parallel with the east line of Garden Street;' 77.4'feet to the southerly line of the public alley, thence northwesterly along the southerly line of the public alley 121.3 feet, thence -southwesterly parallel with the east line of Garden Street 94.3 feet, thence southeasterly to the point of beginning, subject to an easement -for electrical and telephone service lines over the westerly 10 feet thereof. Also an easement for gas and water lines over the following` described real estate, to -wit: Commencing, at a point on the northerly line of Friendship Street 446.0 feet southeasterly from the southwest corner -of Lot Nine (9) in Block -Thirty-nine ;(39). East Iowa City, Johnson. County, Iowa, according to the recorded plat thereof, thence northeasterly parallel with -the east line of Garden Street 213.4 feet to the southerly line of the public alley, thence northwesterly along the southerly line of the public alley 121.3 feet, thence southwesterly parallel with the east line - of Garden Street 94.8 feet to the point of beginning, thence con- tinuing southwesterly parallel with the east 1 ine of Carden Street 136 feet to the northerly line of Friendship Street, thence southeasterly along the southerly line of Friendship Street 16 feet, thence northeasterly parallel with the 'east lineofGarden Street 136 feet, thence northwesterly to; the .point,.of-beginning. PETITION FOR REZONING TO: The Chairman and tdembers of the Iowa City Planning and Zoning Commission and TO: The Mayor and Members of the City Council of, Iowa City, Iowa The undersigned, Bethany Baptist Church of Iowa City, Iowa, a non-profit corporation, hereafter referred to as "the Church." and Eureka Lodge x44 Independent=Order-of Odd Fellows, anon- profit corporation of Iowa City,, Iowa, hereafter referred to as "rhe Lodge," hereby petition >that 'property now owned by the Church at 1839 B Street in Iowa City, Iowa, be rezoned from its present classification of Rik to 32, and in support of this petition state as follo:os: I. a copy of the legaldescriptionof-_said real estate is attached hereto and made a part of this petition. 2. The legal title to said real estate_fs held by the -Church and has been used by it for church purposes in Iowa City, Iowa, for the past years. 3. The Church desires to acquire larger premises to accommo- date its increasing membership and has therefore entered into a contract for the sale of the premises to the lodge subject to obtaining necessary rezoning to permit its use for Lodge purposes. 4. 'Ihe present Lodge quarters at the intersection of Dubuque and College Streets have been taken by the City of Iowa City by condemnation proceedings in accordance with its prograr: for urban renewal and new quarters must be obtained: 5. The Lodge, desires to use said premises for general Lodge purposes involving regular meetings of the Lodge and auxiliary organizations and other occasional social functions. 6. The Odd Fellows Lodge has been in continuous operation at its present quarters in Iowa City for 91 years and has -2 - acquired and maintained a reputation for conservative management and orderly operation for the welfare of its members and.the ,.. community. 7. The Sovereign Grand Lodge, the rules of which govern all local lodges, does not permit the sale or consumption -of beer or other alcoholic liquor upon its premises and all of its meetings have been characterized as orderly and free of noise or other ob- jectionable disturbances. 8. The rezoning as requested will enable the Church to _acquire` and finance necessary larger quarters -and will provide a, suitable home for the lodge which has lost its present home to ,Urban Renewal. 9. The Lodge will at all times comply with the additional regulations and conditions relative to parking, etc., as provided in Section 8.10.19, sub -section 11, of the Zoning Code of Iowa City, Iowa, of 1972. WHEREFORE, the undersigned request that said premises be re- zoned from RlA to R2 in order to permit the sane of said premises and the use thereof for the -usual Lodge purposes as set out above. March ,'1973.' Respectfully submitted, OEHLER, RADIG & HOY BETHANY BAFTIST"CHURCH TOCJa City, Iowa By Eugene L. Radig By: 300 Savings and Loan Building President Iowa City, Iowa 52240 Attorneys for Bethany Baptist -- Church Secretary EUREKA LODGE C44 INDEPE14DENT ORDER OF ODD FELLWIS Edward F. °ate 315 Iovja State Bank Building Iowa City, Iowa` 52240 Attorney "for Eureka Lodge z44 Independent Order 'of'Odd Fellows _ Trustees of said Lodge